Resolution Number 19-04-16-03RESOLUTION NO. 19-04-16-03
A RESOLUTION OF THE CITY COUNCIL OF THE OF SAN
JUAN CAPISTRANO (THE "CITY") ESTABLISHING DESIGN
U AND DEVELOPMENT STANDARDS FOR WIRELESS
FACILITIES IN THE RIGHT-OF-WAY, AS AUTHORIZED BY
TITLE 7, CHAPTER 10, OF THE MUNICPAL CODE
WHEREAS, Article 7, Chapter 10 of the City's Municipal Code governs the permitting,
installation, and regulation of wireless facilities in the City's right-of-way (ROW);
WHEREAS, Section 7-10.04 provides that the City Engineer may "develop and implement
acceptable designs and development standards for wireless facilities in the rights-of-way,
taking into account the zoning districts bounding the rights-of-way;"
WHEREAS, the City's rights-of-way are a uniquely valuable public resource, closely
linked with the City's character, making the regulation of wireless installations in the
rights-of-way necessary to protect and preserve the aesthetics in the community;
WHEREAS, being authorized to do so, the City wishes to establish design and
development standards applicable to wireless installations in the rights-of-way;
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
DOES RESOLVE AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS. The recitals above are each
incorporated by reference and adopted as findings of the City Council.
SECTION 2. DEFINITIONS. The definitions set forth in Article 7, Chapter 10 of the
Municipal Code are incorporated by reference into this Resolution.
SECTION 3. DESIGN AND DEVELOPMENT STANDARDS FOR ALL FACILITIES. The
following design and development standards shall apply to all wireless facilities in the
right-of-way:
A. Visual Criteria. Minimize the visual impact of wireless facilities;
design facilities to be aesthetically compatible with the surrounding
area and structures; and conceal equipment in underground vaults
or in unobtrusive structures, where technically feasible.
B. Location.
1. Preferred Locations/Zones. Arterial highway is a preferred
location, and industrial and commercial manufacturing zones
are preferred zones.
2. Preference for Use of Existing Infrastructure. The City prefers
the use of existing street light poles in the right-of-way.
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3. Discouraged Locations/Zones. Residential areas.
4. Prohibited Locations/Streets.
a. The installation of wireless facilities is prohibited in the
following areas because these areas have historic and
cultural resources that must be preserved: (i) Los Rios
Specific Plan Area; (ii) Camino Capistrano between
Acjachema and Del Obispo; (iii) Ortega Highway
between Camino Capistrano and Del Obispo; (iv) EI
Camino Real/Forster Street between Camino
Capistrano and Ortega Highway; (v) Verdugo Street;
and (vi) areas across the street from, in front of, or
visible from properties listed on the City's Inventory of
Historical and Cultural Landmarks (INCL).
b. The installation of wireless facilities is prohibited in the
following areas for environmental reasons: (i) flood
plains and (ii) environmentally -protected areas.
C. Collocations Encouraged. Applicant shall design their facilities to
accommodate future collocated facilities to the maximum extent
feasible.
D. Strand -Mounted Facilities. According to City Municipal Code
Section 7-10.03(b)(3), wireless facilities on the strand between two
utility poles are exempt from these standards and Chapter 10 of the
Code if the cumulative volume of all wireless facilities on the strand
shall not exceed one (1) cubic foot and provided that further
installation does not require replacement of the strand, excavation,
modification, or replacement of the utility poles. All other strand
mounts must contain all equipment and antennas with one strand -
mounted shroud no larger than two feet cubic feet. Strand -mounted
facilities shall be colored to a non -reflective gray or similar shade.
All wiring running along the length of the pole shall be enclosed in
appropriate conduit colored to match the pole and installed flush to
the pole (no riser or equipment stand-off brackets).
E. Security. All equipment and facilities shall be installed in a manner
to avoid being an attractive nuisance and to prevent unauthorized
access, climbing, and graffiti.
F. Safety. All ground -mounted equipment must not endanger public
property; impede the flow of vehicle or pedestrian traffic; impair the
use of poles, signs, traffic signals, outdoor dining areas, or
emergency facilities. Further, all wireless facilities and associated
equipment in the right-of-way shall comply with Americans with
Disabilities Act (ADA) requirements.
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G. Noise. Wireless facilities and all accessory equipment and
transmission equipment must comply with all noise regulations and
shall not exceed, either individually or cumulatively 65 dBA.
H. Lighting.
1. No facility shall be illuminated unless specially required by the
Federal Aviation Administration (FAA) or other government
agency.
2. Any required lighting shall be shielded to eliminate, to the
maximum extent possible, impacts on the surrounding area
property.
I. Signs. No facility may display any signage or advertisement unless
it is expressly allowed by the City in a written approval,
recommended under FCC regulations, or required by law or permit
condition. Every facility shall at all times display signage that
accurately identifies the facility owner and provides the owner's
unique site number and a local or toll-free telephone number to
contact the facility owner's operations center.
J. Landscaping. In addition to any landscaping required by the City for
concealment or screening purposes, the applicant shall propose,
install, and maintain additional landscaping to replace any existing
landscaping displaced during construction or installation of the
applicant's facility in the right-of-way. The applicant's landscaping
plan shall be subject to the City's review and approval but shall, at
a minimum, match the existing landscaping and foliage surrounding
the installation site.
SECTION 4. DESIGN AND DEVELOPMENT STANDARDS FOR PARTICULAR
TYPES OF FACILITIES. In addition to the generally applicable standards set forth in
Section 3 of this Resolution, the design and development standards for specific types of
facilities in the ROW are as follows:
A. Definition of Pole -Mounted Facility. For purposes of this Resolution,
the term "pole -mounted facility" means a wireless facility that is, or
is proposed to be, attached to, contained in or on, or otherwise
mounted to, in, or on a pole.
B. Pole -Mounted Facilities, Generally. For facilities installed on any
pole:
1. Antennas, Radio Relay Units (RRUs) & Shroud. Antennas
and RRUs shall be top mounted in a shroud. RRUs attached
to the side of the pole are discouraged, but if required, should
use the smallest RRU volume possible and be stacked
vertically and close together with minimal distance from the
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pole. Further, pole -top mounted facilities are subject to the
following requirements:
a. Pole -top wireless facilities shall be of a
tubular/cylindrical form factor
b. Maximum dimensions of the pole -top wireless facilities
is 72 inches (measured from the top of the pole to the
top of shroud)
C. The wireless facility's diameter should be as close to
the pole's diameter as technically feasible
2. Antenna Size. Antennas shall be the smallest possible, but in
no case more than three cubic feet in volume.
3. Equipment Stealthing. Undergrounding equipment, including
RRUs that cannot be placed with the antenna in the shroud,
is preferred. Vaults and pull boxes shall be installed flush to
grade. If aboveground equipment is required for technical
reasons, then designs of aboveground equipment shall
incorporate camouflaging and shrouding to match colors,
appearance, and materials of existing facilities and screen
facilities from public view as much as is technically feasible.
Pole -mounting is preferred to ground -mounting. If ground -
mounted equipment is required, it must be enclosed in
cabinets, sized only for the needed equipment and
camouflaged using paint that matches the surrounding
environment.
4. Cables. All cabling, wires, and conduit shall be concealed
completely within the pole, the shroud, or conduit.
5. Coloring. Wireless facilities and visible support equipment
shall match the color and appearance of poles to reduce
visual impacts.
6. Materials. All above ground or pole -mounted equipment in the
rights-of-way shall not be finished with reflective materials.
7. Prohibition of Generators. Generators are prohibited in the
right-of-way.
8. Electric Service. The City strongly encourages site operators
to use flat -rate electric service when it would eliminate the
need for a meter. Where meters are required, use the
narrowest electric meter and disconnect available.
9. Pole Owner Authorization. Proof of authorization from the
pole owner is required. If the City owns the pole, then the
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applicant must enter into agreement with City to install the
pole -mounted facility.
C. Street Light Poles. In addition to the general requirements,
installations must comply with the following:
1. Curb Setback Requirement. The base of the street light pole
shall be a minimum of 18 inches from the face of the curb.
Antennas Mounting Type. No side -mounted antennas are
permitted.
2. Cables and Wiring. Cabling and wires shall enter/exit the
street light pole through conduit sweeps within the street light
footing.
D. Replacement Poles. If an applicant proposes a replacement pole to
accommodate the wireless facility, then it must also comply with the
following:
1. Placement. The base of the replacement pole shall be a
minimum of 18 inches away from the face of the curb. Further,
a replacement pole must be in the same location as the pole
that it is replacing or as close to the original location as
possible, taking into account pole owner safety-related
requirements and all applicable location and placement
standards herein.
2. Design. Replacement poles should match the design (e.g.,
color, dimensions, height, style, and materials) of the existing
pole that is being replaced to the greatest extent feasible.
Replacement street light poles shall be installed in
conformance with City Standard Plan No. 610. All street lights
shall have Mission Bell luminaires. The maximum pole height
is 35 feet, excluding wireless equipment.
E. Utility Poles. Wireless facilities and associated equipment installed
on utility poles is limited to antenna and stacked RRUs only. Pole
calculations for structural analysis must be performed prior to
installation.
1. CPUC General Orders. All installations on utility poles shall
fully comply with the California Public Utilities Commission
General Orders, including, but not limited to General Order 95
("GO 95"). None of the design standards are meant to conflict
with or cause a violation of GO 95, including, but not limited
to, its standards for a safe installation on a utility pole.
Accordingly, size limits can be adjusted at the City Engineer's
discretion to ensure compliance with CPUC rules on safety.
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2. Design. Generally, all antennas and equipment shall
incorporate camouflaging and shrouding to match colors,
appearance, and materials of existing facilities and screen
facilities from public view as much as is technically feasible.
3. Mounting. Antennas may be mounted at the top of the pole.
All antennas shall be shrouded. When top -mounted, the
shroud shall extend no more than 72 inches above the height
of the existing utility pole or the minimum distance required by
GO 95, if greater, and be no more than 14 inches in diameter.
4. Cables and Wiring. All cables and wiring running along the
utility pole shall be enclosed in appropriate conduit colored to
match the pole and installed flush to the pole.
F. Traffic Signal Poles. Installations of wireless facilities on traffic
signal poles is prohibited.
G. New Poles
1. Generally. For locations where existing poles within the right-
of-way are not available, a new pole to support a wireless
facility may be considered. New poles are prohibited in
underground areas, and new wooden poles are prohibited in
all areas.
2. Design. The new pole shall be designed to resemble existing
poles in the right-of-way near that location, including size,
height, color, materials, style, and, for new street light poles,
Mission Bell luminaire. The base of the new pole shall be a
minimum of 18 inches from the face of the curb.
3. Placement. The new pole shall be in alignment with existing
trees, utility poles, and street lights and shall comply with ADA
requirements for proper clearances. New street light poles
shall be installed in conformance with City Standard Plan 610.
New poles adjacent to residences or commercial
establishments (e.g., a shop or restaurant) should not create
a visually negative impact. In residential areas, new poles
should be placed between properties.
SECTION 5. If any provision of this Resolution or its application to any person or
circumstance is held invalid, then such invalidity has no effect on the other provisions or
applications of the Resolution that can be given effect without the invalid provision or
application, and to this extent, the provisions of this Resolution are severable. City
Council declares that it would have adopted this Resolution irrespective of the invalidity
of any portion thereof.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and cause it,
or a summary of it, to be published once within fifteen (15) days of adoption in a
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newspaper of general circulation printed and published within the City of San Juan
Capistrano, and shall post a certified copy of this Resolution, including the vote for and
against the same, in the Office of the City Clerk in accordance with California Government
Code Section 36933.
SECTION 7. The documents and materials associated with this Resolution that constitute
the record of proceedings on which the City Council's findings and determinations are
based are located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
SECTION 8. The City Clerk shall certify the adoption of this Resolution and cause it, or
a summary of it, to be published as required by law.
APPROVED AND ADOPTED by the City Council of the City of San Juan Capistrano this
16th day of April 2019.
BRfAN L MARYOTT. MAYOR
ATTEST:
C I i Q
MA ORRIS, GITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 19-04-16-03 was duly adopted by the City Council of
the City of San Juan Capistrano at a Regular meeting thereof, held the 16th day of April
2019, by the following vote:
AYES: COUNCIL MEMBERS: Reeve, Taylor, Farias, Bourne and Mayor Maryott
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ARIA MORRIS. CITY CLERK
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